Civil Procedure Code (CPC)

Query about ancestral property


Hello Sir, Can my grandfather (Assume "C") make a will of the property received to him from his Father (Assume "A"). In origin, the property is received to his father from his wife (Assume "B") (i.e. My Grandfather's mother). The properties are transferred by legal Will documents. Is this property considered as Ancestral property? Can my Grandfather give it to any person through Will. The property is a Farm. Property transfered: From "B" to "A" and from "A" to "C" Please advice. Thanks,
 
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legal advisor

since the property is willed from a to c its no longer ancestral property

 
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lawyer

In Hindu law any property could be termed as ancestral only when it is devolved on three degrees on the male side. But in the case on hand it came from a female member. Therefore the property could not be treated as ancestral property. So grandfather has got absolute right and interest over the property in question and he has got every right to dispose of his property as he likes. Suffice it for me to state that will could be executed even in respect of undivided interest as per section ,30(2) of Hindu succession Act.

 
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Lawyer

Right from mother of grand father the property is bequeathed by the titleholder to his/her son, consequently it is to be termed as self-acquired till third generation of the intestate deceased titleholder. 

 
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Advocate

From the contents of your query, it appears that the property is not ancestral in nature. Your grandfather becomes an absolute owner of the property hence he is entitled to transact with the property in any manner as per his sweet will and wish.

 
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Legal Advisor

No it is not an ancestral property. Even The Limitation Act 1963 Part IV sec- 60 (a) and 65 will not apply here

 
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